Section
112.01
Adoption of state
law by reference
112.02
City may be more
restrictive than state law
112.03
Definitions
112.04
Nudity on the
premises of licensed establishments prohibited
112.05
Consumption in
public places
112.20
Number of
licenses which may be issued
112.21
Term and
expiration of licenses
112.22
Kinds of liquor
licenses
112.23
License fees; pro
rata
112.24
Council
discretion to grant or deny a license
112.25
Application for
license
112.26
Description of
premises
112.27
Applications for
renewal
112.28
Transfer of license
112.29
Investigation
112.30
Hearing and
issuance
112.31
Restrictions on
issuance
112.32
Conditions of
license
112.33
Hours and days of
sale
112.34
Minors on
premises
112.35
Restrictions on
purchase and consumption
112.36
Suspension and
revocation
112.50
Application of
this subchapter
112.51
Existing
municipal stores continued
112.52
Location
112.53
Operation
112.54
Proof of
financial responsibility
112.55
Issuance of other
licenses
112.99
Penalties
§ 112.01 ADOPTION OF STATE LAW BY REFERENCE.
The provisions of M.S. Chapter 340A, as
they may be amended from time to time, with reference to the definition of
terms, conditions of operation, restrictions on consumption, provisions
relating to sales, hours of sale, and all other matters pertaining to the
retail sale, distribution, and consumption of intoxicating liquor and 3.2
percent malt liquor are hereby adopted by reference and are made a part of this
Chapter as if set out in full. It is the intention of the City Council that all
future amendments to M.S. Chapter 340A are hereby adopted by reference or
referenced as if they had been in existence at the time this Chapter is
adopted.
§ 112.02 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
The Council is authorized by the
provisions of M.S. § 340A.509, as it may be amended from time to time, to
impose, and has imposed in this chapter, additional restrictions on the sale
and possession of alcoholic beverages within its limits beyond those contained
in M.S. Chapter 340A, as it may be amended from time to time.
§ 112.03 DEFINITIONS.
In addition to the definitions
contained in M.S. § 340A.101, as it may be amended from time to time, the
following terms are defined for purposes of this chapter:
LIQUOR. As used in this chapter, without modification
by the words “intoxicating” or “3.2 percent malt,” includes both intoxicating
liquor and 3.2 percent malt liquor.
RESTAURANT. An eating
facility, other than a hotel, under the control of a single proprietor or
manager, where meals are regularly prepared on the premises, where full
waitress/waiter table service is provided, where a customer orders food from
printed menus and where the main food course is served and consumed while
seated at a single location. To be a
“restaurant” as defined by this section, an establishment shall have a license
from the state as required by M.S. § 157.16, as it may be amended from
time to time, and meet the definition of either a “small establishment,”
“medium establishment” or “large establishment” as defined in M.S.
§ 157.16, Subd. 3d, as it may be amended from time to time. An
establishment which serves prepackaged food that receives heat treatment and is
served in the package or frozen pizza that is heated and served, shall not be
considered to be a restaurant for purposes of this chapter unless it meets the
definitions of “small establishment”, “medium establishment” or “large
establishment.”
§ 112.04 NUDITY ON THE PREMISES OF LICENSED
ESTABLISHMENTS PROHIBITED.
(A) The City Council finds that it is
in the best interests of the public health, safety, and general welfare of the
people of the city that nudity is prohibited as provided in this section on the
premises of any establishment licensed under this chapter. This is to protect
and assist the owners, operators, and employees of the establishment, as well
as patrons and the public in general, from harm stemming from the physical
immediacy and combination of alcohol, nudity, and sex. The Council especially
intends to prevent any subliminal endorsement of sexual harassment or activities
likely to lead to the possibility of various criminal conduct, including
prostitution, sexual assault, and disorderly conduct. The Council also finds
that the prohibition of nudity on the premises of any establishment licensed
under this chapter, as set forth in this section, reflects the prevailing
community standards of the city.
(B) It is unlawful for any licensee to
permit or allow any person or persons on the licensed premises when the person
does not have his or her buttocks, anus, breasts, and genitals covered with a
non-transparent material. It is unlawful for any person to be on the licensed
premises when the person does not have his or her buttocks, anus, breasts, and
genitals covered with a non-transparent material.
(C) A violation of this section is a
misdemeanor punishable as provided by law, and is justification for revocation
or suspension of any liquor, wine, or 3.2 percent malt liquor license or the
imposition of a civil penalty under the provisions of § 112.99(B).
Penalty, see § 112.99
§ 112.05 CONSUMPTION IN PUBLIC PLACES.
No person shall consume intoxicating
liquor or 3.2 percent malt liquor in a public park, on any public street,
sidewalk, parking lot or alley, or in any public place other than on the premises
of an establishment licensed under this chapter, in a municipal liquor
dispensary if one exists in the city, or where the consumption and display of
liquor is lawfully permitted.
Penalty, see § 112.99
§ 112.20 NUMBER OF LICENSES WHICH MAY BE ISSUED.
State law establishes the number of
liquor licenses that a city may issue. However, the number of licenses which
may be granted under this chapter is limited to the number of license which
were issued as of the effective date of this chapter, even if a larger number
of licenses are authorized by law or election. The Council in its sound
discretion may provide by ordinance that a larger number of licenses may be
issued up to the number of licenses authorized by M.S. Chapter 340A, as it may
be amended from time to time. If a larger number of licenses in a particular
category has been authorized by a referendum held under the provisions of M.S.
§ 340A.413, Subd. 3, as it may be amended from time to time, but not all
of them have been issued, the larger number of licenses is no longer in effect
until the Council by ordinance determines that any or all of the licenses may
be issued. The Council is not required to issue the full number of licenses
that it has available.
§ 112.21 TERM AND EXPIRATION OF LICENSES.
Each license shall be issued for a
maximum period of one year. All licenses, except temporary licenses, shall
expire on December 31 of each year unless another date is provided by
ordinance. All licenses shall expire on the same date. Temporary licenses
expire according to their terms. Consumption and display permits issued by the
Commissioner of Public Safety, and the accompanying city consent to the permit,
shall expire on March 31 of each year.
§ 112.22 KINDS OF LIQUOR LICENSES.
The Council of a city that does not
have a municipal liquor store is authorized to issue the following licenses and
permits, up to the number specified in § 112.20.
(A) 3.2 percent malt liquor on-sale
licenses, which may be issued only to restaurants, hotels, clubs, bowling
centers, and establishments used exclusively for the sale of 3.2 percent malt
liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale
license.
(C) Temporary 3.2 percent malt liquor
licenses which may be issued only to a club, charitable, religious, or
nonprofit organization.
(D) Off-sale intoxicating liquor
licenses, which may be issued only to exclusive liquor stores or drug stores that
have an off-sale license which was first issued on or before May 1, 1994. The
fee for an off-sale intoxicating liquor license established by the Council
under § 112.23 shall not exceed $100 or a greater amount which may be
permitted by M.S. § 340A.408, Subd. 3, as it may be amended from time to
time.
(E) On-sale intoxicating liquor
licenses, which may be issued to the following establishments as defined by
M.S. § 340A.101, as it may be amended from time to time, and this chapter:
hotels, restaurants, bowling centers, clubs or congressionally chartered
veterans organizations, and exclusive liquor stores. Club licenses may be
issued only with the approval of the Commissioner of Public Safety. The fee for
club licenses established by the Council under § 112.23 shall not exceed
the amounts provided for in M.S. § 340A.408, Subd. 2b, as it may be
amended from time to time. The Council may in its sound discretion authorize a
retail on-sale licensee to dispense intoxicating liquor off the licensed premises
at a community festival held within the city under the provisions of M.S.
§ 340A.404, Subd. 4b, as it may be amended from time to time. The Council
may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at any convention, banquet,
conference, meeting, or social affair conducted on the premises of a sports,
convention, or cultural facility owned by the city, under the provisions of
M.S. § 340A.404, Subd. 4a, as it may be amended from time to time;
however, the licensee is prohibited from dispensing intoxicating liquor to any
person attending or participating in an amateur athletic event being held on
the premises.
(F) Sunday on-sale intoxicating liquor
licenses, only after authorization to do so by voter approval at a general or
special election as provided by M.S. § 340A.504, Subd. 3, as it may be
amended from time to time. Sunday on-sale intoxicating liquor licenses may be
issued only to a restaurant as defined in § 112.03, club, bowling center,
or hotel which has a seating capacity of at least 30 persons, which holds an
on-sale intoxicating liquor license, and which serves liquor only in
conjunction with the service of food. The maximum fee for this license, which
shall be established by the Council under the provisions of § 112.23,
shall not exceed $200, or the maximum amount provided by M.S. § 340A.504,
Subd. 3c, as it may be amended from time to time.
(G) Combination on-sale/off-sale
intoxicating liquor licenses if the city has a population less than 10,000.
(H) Temporary on-sale intoxicating
liquor licenses, with the approval of the Commissioner of Public Safety, which
may be issued only in connection with a social event sponsored by a club,
charitable, religious, or other nonprofit corporation that has existed for at
least three years. No license shall be for longer than four consecutive days,
and the city shall issue no more than 12 days worth of temporary licenses to
any one organization in one calendar year.
(I) On-sale wine licenses, with the
approval of the Commissioner of Public Safety to: restaurants that have
facilities for seating at least 25 guests at one time and meet the criteria of
M.S. § 340A.404, Subd. 5, as it may be amended from time to time, and
which meet the definition of restaurant in § 112.03; and to licensed bed
and breakfast facilities which meet the criteria in M.S. § 340A.401, Subd.
1, as it may be amended from time to time. The fee for an on-sale wine license
established by the Council under the provisions of § 112.23 shall not
exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The
holder of an on-sale wine license who also holds an on-sale 3.2 percent malt
liquor license is authorized to sell malt liquor with a content over 3.2
percent (strong beer) without an additional license.
(J) One day consumption and display
permits with the approval of the Commissioner of Public Safety to a nonprofit
organization in conjunction with a social activity in the city sponsored by the
organization.
(K) Approval of the issuance of a
consumption and display permit by the Commissioner of Public Safety. The
maximum amount of the additional fee which may be imposed by the Council on a
person who has been issued a consumption and display permit under the
provisions of § 112.23 shall not exceed $300, or the maximum amount
permitted by M.S. § 340A.14, Subd. 6, as it may be amended from time to
time. Consumption and display permits shall expire on March 31 of each year.
§ 112.23 LICENSE FEES; PRO RATA.
(A) No license or other fee established
by the city shall exceed any limit established by M.S. Chapter 340A, as it may
be amended from time to time, for a liquor license.
(B) The Council may establish from time
to time in the Ordinance Establishing Fees and Charges the fee for any of the
liquor licenses it is authorized to issue. The license fee may not exceed the
cost of issuing the license and other costs directly related to the enforcement
of the liquor laws and this chapter. No liquor license fee shall be increased
without providing mailed notice of a hearing on the proposed increase to all
affected licensees at least 30 days before the hearing.
(C) The fee for all licenses, except
temporary licenses, granted after the commencement of the license year shall be
prorated on a quarterly basis.
(D) All license fees shall be paid in
full at the time the application is filed with the city. If the application is
denied, the license fee shall be returned to the applicant.
(E) A refund of a pro rata share of an
annual license fee may occur only if authorized by M.S. § 340A.408, Subd.
5, as it may be amended from time to time.
§ 122.24 COUNCIL DISCRETION TO GRANT OR DENY A
LICENSE.
The Council in its sound discretion may
either grant or deny the application for any license or for the transfer or
renewal of any license. No applicant has a right to a license under this
chapter.
§ 112.25 APPLICATION FOR LICENSE.
(A) Form. Every application for a license issued under
this chapter shall be on a form provided by the city. Every application shall
state the name of the applicant, the applicant's age, representations as to the
applicant's character, with references as the Council may require, the type of
license applied for, the business in connection with which the proposed license
will operate and its location, a description of the premises, whether the
applicant is owner and operator of the business, how long the applicant has
been in that business at that place, and other information as the Council may
require from time to time. An application for an on-sale intoxicating liquor
license shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The form shall
be verified and filed with the city. No person shall make a false statement in
an application.
(B) Financial responsibility. Prior to the issuance of any license under
this chapter, the applicant shall demonstrate proof of financial responsibility
as defined in M.S. § 340A.409, as it may be amended from time to time,
with regard to liability under M.S. § 340A.801, as it may be amended from
time to time. This proof will be filed with the city and the Commissioner of
Public Safety. Any liability insurance policy filed as proof of financial
responsibility under this section shall conform to M.S. § 340A.409, as it
may be amended from time to time. Operation of a business which is required to
be licensed by this chapter without having on file with the city at all times
effective proof of financial responsibility is a cause for revocation of the
license.
Penalty, see § 112.99
§ 112.26 DESCRIPTION OF PREMISES.
The application shall specifically
describe the compact and contiguous premises within which liquor may be
dispensed and consumed. The description may not include any parking lot or
sidewalk.
§ 112.27 APPLICATIONS FOR RENEWAL.
At least 90 days before a license
issued under this chapter is to be renewed, an application for renewal shall be
filed with the city. The decision whether or not to renew a license rests
within the sound discretion of the Council. No licensee has a right to have the
license renewed.
§ 112.28 TRANSFER OF LICENSE.
No license issued under this chapter
may be transferred without the approval of the Council. Any transfer of stock of a corporate
licensee is deemed to be a transfer of the license, and a transfer of stock
without prior Council approval is a ground for revocation of the license. An
application to transfer a license shall be treated the same as an application
for a new license, and all of the provisions of this code applying to
applications for a license shall apply.
Penalty, see § 112.99
§ 112.29 INVESTIGATION.
(A) Preliminary background and
financial investigation. On an
initial application for a license, on an application for transfer of a license
and, in the sound discretion of the Council that it is in the public interest
to do so, on an application for renewal of a license, the city shall conduct a
preliminary background and financial investigation of the applicant or it may
contract with the Commissioner of Public Safety for the investigation. The
applicant shall pay with the application an investigation fee of $500 which
shall be in addition to any license fee. If the cost of the preliminary
investigation is less than $500, the unused balance shall be returned to the
applicant. The results of the preliminary investigation shall be sent to the
Commissioner of Public Safety if the application is for an on-sale intoxicating
liquor license or an on-sale wine license.
(B) Comprehensive background and
financial investigation. If the
results of a preliminary investigation warrant, in the sound discretion of the
Council, a comprehensive background and financial investigation, the Council
may either conduct the investigation itself or contract with the Commissioner
of Public Safety for the investigation. The investigation fee for this
comprehensive background and financial investigation to be paid by the
applicant shall be $500, less any amount paid for the initial investigation if
the investigation is to be conducted within the state, and $10,000, less any
amount paid for the initial investigation, if the investigation is required
outside the state. The unused balance of the fee shall be returned to the
applicant whether or not the application is denied. The fee shall be paid in
advance of any investigation and the amount actually expended on the
investigation shall not be refundable in the event the application is denied.
The results of the comprehensive investigation shall be sent to the
Commissioner of Public Safety if the application is for an on-sale intoxicating
liquor license or an on-sale wine license.
§ 112.30 HEARING AND ISSUANCE.
The Council shall investigate all facts
set out in the application and not investigated in the preliminary or
comprehensive background and financial investigations. Opportunity shall be
given to any person to be heard for or against the granting of the license.
After the investigation and hearing, the Council shall in its sound discretion
grant or deny the application. No license shall become effective until the
proof of financial security has been approved by the Commissioner of Public
Safety.
§ 112.31 RESTRICTIONS ON ISSUANCE.
(A) Each license shall be issued only
to the applicant for the premises described in the application.
(B) Not more than one license shall be
directly or indirectly issued within the city to any one person.
(C) No license shall be granted or
renewed for operation on any premises on which taxes, assessments, utility
charges, service charges, or other financial claims of the city are delinquent
and unpaid.
(D) No license shall be issued for any
place or any business ineligible for a license under state law.
(E) No license shall be issued to any
person who is not a resident of the state. If the applicant is a corporation,
all of the shareholders shall be residents of the state. The provisions of this
division (E) shall not apply to any license existing on the effective date of
this chapter or to the renewal of an existing license.
(F) No license shall be granted within
500 feet of any school or church. The distance is to be measured from the
closest side of the church to the closest side of the structure on the premises
within which liquor is to be sold.
Penalty,
see § 112.99
§ 112.32 CONDITIONS OF LICENSE.
The failure of a licensee to meet any
one of the conditions of the license specified below shall result in a
suspension of the license until the condition is met.
(A) Within 90 days after employment,
every person selling or serving liquor in an establishment which has an
“on-sale” license shall receive training regarding the selling or serving of
liquor to customers. The training shall be provided by an organization approved
by the Council. Proof of training shall
be provided by the licensee.
(B) Every licensee is responsible for
the conduct of the place of business and the conditions of sobriety and order
in it. The act of any employee on the licensed premises is deemed the act of
the licensee as well, and the licensee shall be liable to all penalties
provided by this chapter and the law equally with the employee.
(C) Every licensee shall allow any
peace officer, health officer, city employee, or any other person designated by
the Council to conduct compliance checks and to otherwise enter, inspect, and
search the premises of the licensee during business hours and after business
hours during the time when customers remain on the premises without a warrant.
(D) No on-sale establishment shall display
liquor to the public during hours when the sale of liquor is prohibited.
(E) Compliance with financial
responsibility requirements of state law and of this chapter is a continuing
condition of any license.
Penalty, see § 112.99
§ 112.33 HOURS AND DAYS OF SALE.
(A) The hours of operation and days of
sale shall be those set by M.S. § 340A.504, as it may be amended from time
to time.
(B) No person shall consume nor shall
any on-sale licensee permit any consumption of intoxicating liquor or 3.2
percent malt liquor in an on-sale licensed premises more than 30 minutes after
the time when a sale can legally occur.
(C) No on-sale licensee shall permit
any glass, bottle, or other container containing intoxicating liquor or 3.2
percent malt liquor to remain upon any table, bar, stool, or other place where
customers are served, more than 30 minutes after the time when a sale can
legally occur.
(D) No person, other than the licensee
and any employee, shall remain on the on-sale licensed premises more than 30
minutes after the time when a sale can legally occur.
(E) Any violation of any condition of
this section may be grounds for revocation or suspension of the license.
Penalty, see § 112.99
§ 112.34 MINORS ON PREMISES.
(A) No person under the age of 18 years
shall be employed in any rooms constituting the place in which intoxicating
liquors or 3.2 percent malt liquor are sold at retail on sale, except that
persons under the age of 18 may be employed as musicians or to perform the
duties of a bus person or dishwashing services in places defined as a
restaurant, hotel, motel or other multi-purpose building serving food in rooms
in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on
sale.
(B) No person under the age of 21 years
may enter a licensed establishment except to work, consume meals on premises
that qualify as a restaurant, or attend social functions that are held in a
portion of the premises where liquor is not sold.
Penalty, see § 112.99
§ 112.35 RESTRICTIONS ON PURCHASE AND CONSUMPTION.
No person shall mix or prepare liquor
for consumption in any public place of business unless it has a license to sell
on-sale, or a permit from the Commissioner of Public Safety under the
provisions of M.S. § 340A.414, as it may be amended from time to time,
which has been approved by the Council, and no person shall consume liquor in
any such place.
Penalty, see § 112.99
§ 112.36 SUSPENSION AND REVOCATION.
(A) The Council shall either suspend
for a period not to exceed 60 days or revoke any liquor license upon finding
that the licensee has failed to comply with any applicable statute, regulation,
or provision of this chapter relating to liquor. Except in cases of lapse of
proof of financial responsibility, no suspension or revocation shall take
effect until the licensee has been afforded an opportunity for a hearing
pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as
it may be amended from time to time. The Council may act as the hearing body
under that act, or it may contract with the Office of Hearing Examiners for a
hearing officer.
(B) The following are the minimum
periods of suspension or revocation which shall be imposed by the Council for
violations of the provisions of this chapter or M.S. Chapter 340A, as it may be
amended from time to time or any rules promulgated under that chapter as they
may be amended from time to time:
(1) For commission of a felony
related to the licensed activity, sale of alcoholic beverages while the license
is under suspension, sale of intoxicating liquor where the only license is for
3.2 percent malt liquor, or violation of § 112.04, the license shall be
revoked.
(2) The license shall be
suspended by the Council after a finding under division (A) that the licensee
has failed to comply with any applicable statute, rule, or provision of this
chapter for at least the minimum periods as follows:
(a) For the first
violation within any three-year period, at least one day suspension in addition
to any criminal or civil penalties which may be imposed.
(b) For a second
violation within any three-year period, at least three consecutive days
suspension in addition to any criminal or civil penalties which may be imposed.
(c) For the third
violation within any three-year period, at least seven consecutive days suspension
in addition to any criminal or civil penalties which may be imposed.
(d) For a fourth
violation within any three-year period, the license shall be revoked.
(3) The Council shall select the
day or days during which the license will be suspended.
(C) Lapse of required proof of
financial responsibility shall effect an immediate suspension of any license
issued pursuant to this chapter or state law without further action of the
Council. Notice of cancellation or lapse of a current liquor liability policy
shall also constitute notice to the licensee of the impending suspension of the
license. The holder of a license who has received notice of lapse of required
insurance or of suspension or revocation of a license may request a hearing
thereon and, if a request is made in writing to the Clerk, a hearing before the
Council shall be granted within ten days. Any suspension under this division
(B) shall continue until the Council determines that the financial responsibility
requirements of state law and this chapter have again been met.
(D) The provisions of § 112.99
pertaining to administrative penalty may be imposed in addition to or in lieu
of any suspension or revocation under this chapter.
Penalty, see § 112.99
§ 112.50 APPLICATION OF THIS SUBCHAPTER.
This subchapter, consisting of
§§ 112.50 through 112.55, applies only to a city that has in existence on
the effective date of this chapter a municipal liquor store.
§ 112.51 EXISTING MUNICIPAL STORES CONTINUED.
If the city has in existence on the
effective date of this chapter a municipal liquor store for the sale of
intoxicating liquor, the store is continued. Except as provided in
§ 112.55, no intoxicating liquor may be sold at retail elsewhere in the
city.
Penalty, see § 112.99
§ 112.52 LOCATION.
The municipal liquor store shall be
located at a suitable place in the city as the Council determines by motion.
However, no premises upon which taxes, assessments, or other public charges are
delinquent shall be leased for municipal liquor store purposes. The Council
shall have the right to establish additional off-sale and on-sale stores at
other locations as it may, from time to time, by motion, determine.
§ 112.53 OPERATION.
(A) Manager. The municipal liquor store shall be in the
immediate charge of a Liquor Store Manager selected by the Council and paid
compensation as is fixed by the Council. The Manager shall not be a person who
would be prohibited by law or any provision of this chapter from being eligible
for an intoxicating liquor license. The Manager shall furnish a surety bond to
the city, conditioned upon the faithful discharge of the duties of the office,
in a sum as specified by the Council. The bond premium may be paid by the city
or the Manager, in the discretion of the Council. The Manager shall operate the
municipal liquor store under the Council's direction and shall perform those
duties in connection with the store as may be established by the Council. The
Manager shall be responsible to the Council for the conduct of the store in
full compliance with this chapter and with the laws relating to the sale of
intoxicating liquor and 3.2 percent malt liquor.
(B) Other employees. The Council may also appoint additional
employees as may be required and shall fix their compensation. All employees,
including the Manager, shall hold their positions at the pleasure of the
Council. No person under the age of 18 shall
be employed in the store. The Council
may require the employees to furnish surety bonds conditioned for the faithful
discharge of their duties in a sum as specified by the Council. The premium on the bond may be paid by the
city or the employees, as the Council determines.
(C) Municipal liquor store fund. All of the revenues received from the
operation of a municipal liquor store shall be deposited in a municipal liquor
store fund from which all ordinary operating expenses, including compensation
of the Manager and employees, shall be paid.
Surpluses accumulating in the fund may be transferred to the general
fund of the city or to any other appropriate fund of the city by resolution of
the Council, and may be expended for any municipal purpose. The handling of
municipal liquor store receipts and disbursements shall comply with the
procedure prescribed by law and charter for the receipts and disbursements of
city funds generally.
(D) Financial statement. The Council shall provide within 90 days
following the end of the calendar year for publication a balance sheet using
generally accepted accounting procedures and a statement of operations of the
municipal liquor store for that year. The balance sheet and statement shall be
published in accordance with the provisions of M.S. § 471.6985, as it may
be amended from time to time.
(E) Hours of operation. The hours during which the sale of
intoxicating liquor may be sold shall be as provided in § 112.33. No person, other than the Manager or a store
employee, may remain in the municipal liquor store longer than one-half hour
after the time when the sale of intoxicating liquor must cease.
Penalty, see § 112.99
§ 112.54 PROOF OF FINANCIAL RESPONSIBILITY.
The city shall demonstrate proof of
financial responsibility required by licensees of retail intoxicating liquor
establishments under the provisions of M.S. § 340A.409, as it may be
amended from time to time.
§ 112.55 ISSUANCE OF OTHER LICENSES.
(A) On-sale licenses for the sale of
intoxicating liquor. The Council may issue in its sound discretion on-sale
licenses to a club under M.S. § 340A.404, Subd. 1(4), as it may be amended
from time to time. If the voters have authorized their issuance at a special
election called for that purpose, the Council may issue on its sound discretion
on-sale liquor licenses to hotels and restaurants. The number of on-sale
licenses issued under this section is governed by M.S. § 340A.413, as it
may be amended from time to time, as limited by the provisions of this chapter.
The issuance of these licenses is governed by the provisions of this chapter.
(B) Off-sale licenses for the sale
of intoxicating liquor. State law
does not authorize the issuance of off-sale licenses for the sale of
intoxicating liquor by cities which operate a municipal liquor dispensary.
(C) On- and off-sale 3.2 percent
malt liquor licenses. The Council
may issue 3.2 percent malt liquor licenses in its sound discretion as provided
in this chapter.
§ 112.99 PENALTIES.
(A) Any person violating the provisions
of this chapter or M.S. Chapter 340A as it may be amended from time to time or
any rules promulgated under that chapter as they may be amended from time to
time is guilty of a misdemeanor and upon conviction shall be punished as
provided by law.
(B) The Council shall impose a civil
penalty of up to $2,000 for each violation of M.S. Chapter 340A, as it may be
amended from time to time, and of this chapter.
Conviction of a violation in a court of law is not required in order for
the Council to impose the civil penalty.
A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to
14.70, as it may be amended from time to time, is not required before the
penalty is imposed, but the Council shall hold a hearing on the proposed
violation and the proposed penalty and hear any person who wishes to
speak. Non-payment of the penalty is
grounds for suspension or revocation of the license. The following is the
minimum schedule of presumptive civil penalties which must be imposed in
addition to any suspension unless the licenses is revoked:
(1) For the first violation
within any three-year period, $500.
(2) For the second violation
within any three-year period, $1,000.
(3) For the third and subsequent
violations within any three-year period, $2,000.
(C) The term “violation” as used in
this section includes any and all violations of the provisions of this chapter,
or of M.S. Chapter 340A, as it may be amended from time to time or any rules
promulgated under that chapter as they may be amended from time to time. The
number of violations shall be determined on the basis of the history of
violations for the preceding three-year period. Revocation shall occur within
60 days following a violation for which revocation is imposed.